88R20129 BEE-F
By: Morrison H.B. No. 4692
Substitute the following for H.B. No. 4692:
By: Ashby C.S.H.B. No. 4692
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful sale or purchase of shark fins or shark fin
products; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.2161, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS OR SHARK FIN
PRODUCTS; OFFENSE. (a) In this section:
(1) "Destroy" means, with respect to a shark fin, to
denature the fin for the purpose of rendering the fin inedible.
(2) "Place of business" has the meaning assigned by
Section 47.001.
(3) "Sale" includes barter and exchange.
(4) "Shark" means any species of the subclass
Elasmobranchii.
(5) [(2)] "Shark fin" means the fresh and uncooked, or
cooked, frozen, dried, or otherwise processed, detached fin or tail
of a shark.
(b) A person may process in a place of business or
restaurant a shark carcass into steaks or fillets only if:
(1) the steaks and fillets do not contain any portion
of a shark fin; and
(2) each of the shark's fins is destroyed and discarded
in the manner prescribed by the department immediately on detaching
the fins from the remainder of the carcass.
(c) A person commits an offense if the person:
(1) fails to immediately destroy and discard a shark
fin as required by Subsection (b) or otherwise violates that
subsection;
(2) buys or offers to buy, sells or offers to sell,
possesses [may not buy or offer to buy, sell or offer to sell,
possess] for the purpose of sale, transports or ships [transport,
or ship] for the purpose of sale, or advertises for sale [barter, or
exchange] a shark fin regardless of where the shark was taken or
caught; or
(3) violates a proclamation or rule adopted under this
section.
(d) Except as provided by Subsection (e), an offense under
this section is a Class B Parks and Wildlife Code misdemeanor.
(e) An offense under this section is a Class A Parks and
Wildlife Code misdemeanor if it is shown on the trial of the offense
that the defendant has previously been convicted of an offense
under this section during the five-year period preceding the date
of the trial of the current offense.
(f) Each shark fin a person purchases or possesses for the
purpose of sale in violation of this section constitutes a separate
offense.
(g) For purposes of Subsection (c)(2), proof that the
person possessed a shark fin, other than a shark fin that has been
destroyed, in a place of business or restaurant or on any commercial
vessel on the waters of this state is prima facie evidence that the
person possessed the shark fin for the purpose of sale.
(h) For purposes of Subsection (c)(2), proof that the
person advertised for sale a shark fin, a product containing shark
fin, or a product represented to be or to contain shark fin is prima
facie evidence that the person offered a shark fin for sale.
[(c) A person may buy or offer to buy, sell or offer to sell,
possess for the purpose of sale, transport, or ship for the purpose
of sale, barter, or exchange a shark carcass that retains all of its
fins naturally attached to the carcass through some portion of
uncut skin.]
(i) [(d)] Notwithstanding Subsection (c)(2) [(b)], the
department may issue a permit for the possession, transport, sale,
or purchase of shark fins for a bona fide scientific research
purpose. Subsection (c)(2) does not apply to a person who
possesses, transports, sells, or purchases a shark fin in
accordance with a permit issued under this subsection.
(j) [(e)] When a person is charged with an offense under
[violating] this section, the warden or other peace officer shall
seize and hold [the shark fin] as evidence the shark fin, product
containing shark fin, or product represented to be or to contain
shark fin. Notwithstanding Section 12.109, on a final court
ruling, the department shall destroy the shark fin, product
containing shark fin, or product represented to be or to contain
shark fin.
(k) The commission may adopt rules as necessary to
administer this section.
[(f) A person may possess a shark fin if:
[(1) the person holds the appropriate state or federal
license or permit authorizing the taking or landing of a shark for
recreational or commercial purposes;
[(2) the shark fin is taken from a shark that the
person has taken or landed; and
[(3) the shark fin is taken in a manner consistent with
the person's license.]
SECTION 2. Sections 66.218(c) and (d), Parks and Wildlife
Code, are repealed.
SECTION 3. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2023.